MENTAL HEALTH FOR ALL: NEW YORK CITY LAUNCHES FIRST EVER COMPREHENSIVE WEBSITE AND PUBLIC EDUCATION CAMPAIGN TO CONNECT NEW YORKERS TO MENTAL HEALTH RESOURCES

 

Mental Health for All is a citywide effort to promote universal access to mental healthcare during COVID-19 recovery and beyond 

 Mayor Bill de Blasio and First Lady Chirlane McCray today unveiled a new comprehensive website and public education campaign to help New Yorkers navigate all the mental health resources available to them and find substance misuse support that meets their needs.  Mental Health for All builds on the City's longstanding commitment to expand access to mental healthcare for New Yorkers and ensure mental health remains a permanent priority for City government.    

“As we recover from COVID-19 and write the next chapter, we must support the health and well-being of every New Yorker,” said Mayor Bill de Blasio. “This website and public education campaign will ensure that everyone knows where to turn for help when they need it most.”  

“Seven years ago, as we talked with New Yorkers throughout the boroughs, it was clear there was a HUGE need for more mental health and substance misuse services. The pandemic has augmented that need and made it glaringly evident how common and debilitating mental health challenges can be,” said First Lady Chirlane McCray. “More people are realizing that mental fitness is just as important as physical fitness and now, for the first time, New Yorkers will have a one-stop, online connection to all of the new and expanded mental health and substance misuse services available to them through the City.  

The website, MentalHealthforAll.nyc.gov, provides resources for any New Yorker, with any kind of mental health need and is a comprehensive hub with helplines and services that offer a range of free, direct support to meet the diverse needs. NYC Opportunity will manage the digital product, working with other City agencies to ensure it meets users’ needs and continues to evolve to support the City’s goal of connecting people to mental health care services. Ads will run in multiple languages on buses, bus shelters, subways across the City with a focus on neighborhoods that have been hardest hit by COVID-19.

“Last year, we were faced with multiple public health crises, including a mental health crisis as people grappled with the many impacts the pandemic’s uncertainty and isolation brought with it,” said Deputy Mayor for Health and Human Services Melanie Hartzog. “This Mental Health for All resource page helps New Yorkers know where and how to reach out for services they might be in need of, potentially reducing one more stressor from their everyday lives. Thank you to all our City partners that helped develop this important tool.”  

As part of the announcement, Mayor de Blasio also released a new report on the comprehensive mental health support provided to every New Yorker – broken into five groups we are focused on as we recover from COVID-19: 

• Our students and young people. The past year has had a profound effect on our children who have been subject to isolation, different forms of learning, and loss in their families and communities.  
• Our communities of color. COVID-19 didn’t create inequities in mental health care – it revealed and exacerbated them. We will continue to bring additional resources to communities that have been underserved for decades.  
• New Yorkers who want or need help for substance misuse. The opioid crisis hasn’t gone away – and substance misuse has, for many, gotten worse during COVID-19.  
• New Yorkers with serious mental illness (SMI). The COVID-19 pandemic has made it more difficult to stay connected to care. New initiatives help avert crises and provide long-term care that promotes real stability in people’s lives.  
• Every New Yorker who needs help. Everyone has been affected in some way by this past year, and our mission is to go into our communities to ensure every person has the support they need.  

"It's critical that we make City mental health services easy to find, and easy to understand. This website unites City agencies in their missions to provide the best possible services to New Yorkers," said NYC Health Department Executive Deputy Commissioner Dr. Chinazo Cunningham. "Through Mental Health for All, we remind New Yorkers that help is always available, and is often a phone call away." 

"From creating NYC Well to embedding new services directly into communities, New York City has brought more mental health support to more people, and in more ways, than ever before," said Susan Herman, director of the Mayor's Office of Community Mental Health. "As New Yorkers continue to feel the mental health effects of COVID-19, Mental Health for All will make it even easier to find the right support, right when it's needed."  

“We applaud the creation of this valuable tool that helps eliminate some guessing from where and how to access mental health services in our City,” said NYC Health + Hospitals Deputy Chief Medical Officer and Director of the Office of Behavioral Health Charles Barron, MD. “As we continue to break down stigmas around mental health, our hope is that more and more people proactively seek the care they need. Resource pages like the Mental Health for All webpage makes this easier for all New Yorkers in need.” 

“Mental Health for All is an essential new digital tool to support New Yorkers with their mental health care needs during the pandemic and beyond,” said Matthew Klein, Executive Director of the Mayor’s Office for Economic Opportunity. “We are proud to work with our colleagues in City government to help make it as easy as possible to find and access mental health resources – services that are so critical for New Yorkers to live to their fullest potential.”

 Nearly 1.6 million adult New Yorkers experience mental illness every year, and the COVID-19 pandemic has deepened and expanded mental health needs. Prior to the pandemic, approximately 9% of adult New Yorkers experienced symptoms of depression each year. At the height of the pandemic, 44% of adult New Yorkers reported symptoms of anxiety due to COVID-19, 36% reported symptoms of depression, and 35% of adults with children reported that the emotional or behavioral health of a child has been negatively affected. And even before pandemic, New Yorkers of color were at greater risk of mental health challenges yet received less mental health care than white New Yorkers – the pandemic has exposed and exacerbated these disparities.       

Under the de Blasio Administration, New York City has embraced the mission to provide universal support and access to care. The City has guaranteed health care to every New Yorker, which includes mental health support. Through the Mayor’s Office of Community Mental Health, in partnership with more than a dozen City agencies and nearly 200 community organizations, we have closed critical gaps, brought resources to those most in need and given New Yorkers simple, direct ways to connect to care. The City has also expanded mental health support for public school students, with social-emotional learning in every school and universal screenings beginning this school year. Mental Health for All brings many of these resources together so those experiencing emotional and behavioral health challenges can easily find the support that's right for them.

Conservative Party Bronx Fundraiser for Bill Pepitone for Mayor

 

Comptroller Stringer’s Investigation Reveals Failures in the City’s Preparation and Response to COVID-19, and Outlines Recommendations to Plan and Prepare for Future Public Health Emergencies

 

The lack of an operational plan for responding to a pandemic, delayed operational planning for a moderate to severe outbreak, weak resource management and inadequate data collection, expired stockpiles of PPE, and insufficiently clear roles and responsibilities of New York City Emergency Management (NYCEM) all combined to leave the City unprepared to protect its residents against COVID-19

Comptroller Stringer recommends the City complete its citywide operational plan for future pandemics; develop and update citywide operational plans for other emergencies; identify and maintain stockpiles of critical supplies; improve collection and dissemination of information related to critical resources; and review NYCEM’s capability to coordinate and support emergency responses

The Appellate Division’s recent decision affirming the investigation is “within the broad fiscal watchdog investigatory powers of the Comptroller” will enable the office to continue its independent review of the City’s pandemic planning, preparation, and response, and to make additional recommendations to help the City most effectively fight COVID-19 and prepare for future emergencies when they inevitably arise

Today, New York City Comptroller Scott M. Stringer released the interim report of an ongoing investigation into the City’s planning and preparation for and response to the COVID-19 pandemic that describes ways in which the City’s initial response to COVID-19 was hampered by a lack of planning, coordination, and preparedness across City government, and outlines recommendations to help the City to improve its ongoing response to the COVID-19 pandemic and to better prepare for future public health emergencies. The Comptroller’s investigation — which is ongoing due to the City’s refusal to submit necessary documents and witnesses for examination — found the City, prior to COVID-19, never completed a citywide operational plan for responding to a pandemic and delayed developing a citywide operational plan for a moderate to severe COVID-19 outbreak. The investigation also identified gaps in the City’s emergency resource management, finding the City lacked critical information about key resources, including the number of available hospital beds in City hospitals and the amount of usable personal protective equipment (PPE) in City stockpiles. The investigation further found that New York City Emergency Management (NYCEM) encountered difficulties performing aspects of its City Charter-mandated planning and coordination duties during the run-up and initial response to COVID-19, raising questions about its capabilities, capacity, and resources.

“The COVID-19 pandemic threw our city into crisis, upending lives and livelihoods and exacerbating longstanding inequities in our most vulnerable communities. We lost 35,000 of our neighbors and loved ones, 900,000 jobs, and thousands of businesses,” said Comptroller Stringer. “We will never forget who and what we lost, and we cannot erase the mistakes of the past. But we can make sure we are better prepared for future emergencies and the next pandemic. Our investigation shows weaknesses in planning and preparation and failures to promptly make decisions when time was of the essence and every minute counted. As the pandemic continues to rage across the country and around the world, we must take stock of what we’ve learned. That means making sure we have a complete citywide operational plan in place for the next emergency, ensuring we have sufficient supplies and equipment, and guaranteeing our City agencies are coordinated and unified. The next emergency isn’t a matter of ‘if’ — but ‘when’. We must be confident that when the next crisis strikes, we will know exactly what to do and have the tools in our arsenal to beat back whatever comes our way.”

Comptroller Stringer’s investigation found the following:

• The City never completed a citywide operational plan for responding to a pandemic prior to COVID-19.
  • City records show that officials searched for a plan for a citywide pandemic response when COVID-19 emerged in January 2020 but found outdated and unfinished guidance of limited value.
  • The pandemic plan in effect for the City at the beginning of COVID-19 was a 2013 Draft Pandemic Influenza Operational Plan prepared by the Department of Health and Mental Hygiene (DOHMH). In January 2020, when the threat of COVID-19 became known to the City, the 2013 plan was still incomplete, had not been updated for seven years, and was not of use to City officials responding to COVID-19. The 2013 Plan recognized the need for further operational planning and identified areas that needed to be developed, including the need to:
    • plan for the supply chain and distribution of antivirals;
    • draft “pandemic-related materials” for the general public and healthcare professionals;
    • prepare “‘just-in-time’ infection control training;”
    • identify “[t]riggers” for school closures; and
    • resolve a wide variety of “major policy issues.”
  • 13 plans were identified as available to the City as of January 1, 2020 that appear related to some aspect of a pandemic response, all of which were either incomplete, out of date, or lacked operational guidance to direct the City’s pandemic response.

• Citywide operational planning for a moderate to severe COVID-19 outbreak was delayed.
  • The City’s efforts to create a citywide operational plan to respond to the potential worst-case scenario — a moderate to severe COVID-19 outbreak in the City — did not begin in earnest until mid-to-late February 2020. In February, City agencies were discussing whether to begin planning for the worst-case scenario.
  • E-mail documentation indicates that substantive inter-agency efforts to develop citywide plans for the COVID-19 response did not begin until early March 2020.
  • Key planning activities to address the need for additional hospital capacity, sheltering vulnerable populations, and preparing for a potential citywide shutdown continued weeks into the crisis, by which time the City had thousands of confirmed COVID-19 cases.

• The City encountered weaknesses in its emergency resource management which became apparent as it prepared for COVID-19.
  • The City did not adequately collect data regarding available emergency resources prior to the onset of the pandemic. As a result, when the first case of COVID-19 was diagnosed in the City, authorities did not have current, reliable information about those resources, including the number of available hospital beds in the City at any given time, the total amount of usable PPE that City agencies possessed in the City’s stock, or even the City agencies that used PPE as part of their regular operations.
  • City agencies had to be individually surveyed for the City to determine how many N95 masks it owned — and to discover that its entire supply of the N95 masks that provide the highest level of protection, surgical-grade N95 masks, had expired years earlier.

• The role and responsibilities of NYCEM were insufficiently clear.
  • New York City Emergency Management (NYCEM), the City agency responsible for coordinating its planning for and response to emergencies, struggled to perform its City Charter-mandated planning and coordination duties during the run-up and response to COVID-19.
  • Agency roles in emergency response are defined by the Citywide Incident Management System (CIMS), which specifies that DOHMH, the New York City Fire Department (FDNY), and the Police Department (NYPD) — not NYCEM — are the primary City agencies for citywide public health emergencies and should serve as the COVID-19 command element. CIMS identifies NYCEM’s role as a primary agency only for responses to natural disasters or weather emergencies unless otherwise specifically designated. However, in internal documents and in communications with other agencies, NYCEM repeatedly — and incorrectly — asserted that it was leading the City’s COVID-19 preparation and response efforts with DOHMH. DOHMH officials found themselves repeatedly correcting NYCEM to make it clear that DOHMH is the lead agency for COVID-19 response.
  • NYCEM did not consistently coordinate response efforts with DOHMH, NYPD, and FDNY — excluding these critical agencies from key decision making and communications. E-mails between agency officials indicate at minimum significant confusion among City agencies about responsibilities in the COVID-19 response.
  • NYCEM also struggled to support other agencies critical to the City’s COVID-19 response, including by failing to address a critical request from the Office of the Chief Medical Examiner for additional morgue space for a week, and requested that other agencies support NYCEM operations, despite NYCEM’s support role.

Comptroller Stringer outlined the following recommendations that the City should implement to improve preparation, planning, and response efforts for the next pandemic and other public health emergencies:

• Create, complete, and regularly update a citywide operational plan for future pandemics.
  • Although the City recognized that it needed a citywide operational pandemic plan, it did not have one at its disposal when COVID-19 struck. Such a citywide operational pandemic plan should be created setting forth at an appropriate level of detail clear operational duties and organizational structures.
  • The citywide operational pandemic plan must specifically identify what tasks will need to be done, who will be responsible for each task, how each task is to be completed, and what resources are required to complete each task, relying on appropriate authoritative guidance, such as from FEMA or other subject matter experts.
  • The citywide operational pandemic plan should be readily accessible to key decision makers and any others responsible for its implementation, and be regularly updated.
  • The City must ensure that procedures are established to frequently review and regularly update the City’s operational emergency plan.

• Promptly conduct a thorough review of the City’s emergency planning to develop and update citywide operational plans for potential threats other than pandemics.
  • The City should promptly conduct a thorough review of its emergency planning to ensure that it has complete, up-to-date, citywide operational plans for any threats other than pandemics that may require a citywide response.
  • Consistent with the drafting of updated pandemic plans, any plans created or updated pursuant to this review should include clear operational tasks and organizational structures based on appropriate authoritative guidance and be easily available to relevant stakeholders.
  • Procedures should be established to ensure that all plans are regularly reviewed and updated as necessary.

• Identify and maintain stockpiles of critical supplies, and implement controls to timely identify, procure, and replace stocks.
  • The City must identify and maintain stockpiles of critical supplies that are likely to be unavailable, either due to supply or demand, in the case of potential emergencies.
  • Systems and controls should be implemented to ensure that stockpiles remain available and usable in case of an emergency.
  • The determination of what critical supplies must be maintained and decisions concerning the management of those stockpiles should be made in consultation with the commissioners of each agency that would be called on to respond to an emergency.
  • Decisions to cease maintaining stockpiles of specific supplies or to reduce the level of supplies in City stockpiles should be made in consultation with the commissioners of each of the agencies identified at the time the stockpile is established as likely to draw on the stockpile in the event of an emergency.

• Improve the data collection, management, and dissemination of information needed by decision makers and emergency response agencies.
  • The City should improve its systems for collecting, managing, and disseminating critical data related to resources needed to respond to emergencies.
  • Processes to ensure that critical information is shared quickly and widely to all potential agency stakeholders should be developed.
  • Commissioners of each agency that would be called on to respond to an emergency should be consulted to determine what information constitutes critical data requiring collection and dissemination.

• Review NYCEM’s capability to fulfill its Charter-mandated planning, coordination, information sharing, and support roles, clarify NYCEM’s role in emergency responses, and provide the support needed for NYCEM to fulfill its roles.
  • The City should review NYCEM, including its structure, resources, and budget, to determine its abilities to plan for emergencies, to coordinate and support emergency response efforts, and to facilitate information sharing among City agencies.
  • Consistent with the City Charter and CIMS, the City should clarify NYCEM’s emergency response roles, in particular in relation to emergencies where NYCEM is not designated as a primary agency.
  • Based on that review and clarification, the City should ensure that NYCEM has sufficient resources and authority to fulfill its roles.

The Comptroller’s authority to conduct this investigation was recently affirmed by the First Department of the Appellate Division. In November 2020, Comptroller Stringer took court action to force the City to comply with a subpoena issued pursuant to his investigation into the City’s preparedness for and response to the COVID-19 pandemic. Following months of stalling and refusals to fully comply with the subpoena issued in June 2020, the Comptroller filed a petition on November 18, 2020, in New York County Supreme Court seeking a court order to compel the City to promptly and completely comply with the subpoena. The petition detailed how the City consistently stymied the production of documents, repeatedly missed production deadlines, several of which the City set for itself, and declared it would not be able to provide all requested documents until April 2021 at the earliest — nearly a year after the Comptroller launched the investigation. In its response to the Comptroller’s action, the City claimed that it would not be able to comply with the subpoena until November 2021.

The authority of the Comptroller’s Office to conduct the investigation and to issue its subpoenas in connection with its investigation was upheld by order of the Supreme Court on December 16, 2020. To read the decision click here. On August 12, 2021, the Appellate Division, First Department, unanimously affirmed the Supreme Court decision upholding the authority of the Comptroller’s Office to conduct the investigation and issue its subpoenas. To read the Appellate Court’s decision, click here.

To read Comptroller Stringer’s investigation of the City’s response to the COVID-19 pandemic, click here.

Councilman Gjonaj Book Bag Giveaway and More at Loreto Park

 

Councilman Mark Gjonaj said that he is going to finish out his term which ends on January 1, 2022. "I will continue to do my job of serving the people of the 13th Council District until my last day as your councilman, that being December 32, 2021" Gjonaj told people at Monday's 'Book Bag and More' giveaway. 

Councilman Gjonaj gave out over one hundred book bags, but he also gave out dinosaur face masks to the children, the famous Gjonaj whistle key chain that attaches to ones arm, information, hand sanitizer, and of course school supplies inside the book bags. 

The event was held in front of the fence of Loreto Park where construction has stalled on redoing the softball field for the community, which will not meet its scheduled September completion date. 

What Councilman Gjonaj will do comes January 1, 2022, is to be seen, as he would not give any hints. He said that he will work hard every day, and then see comes January first where he can be effective in the community he lives in.

First stop was to get some hand sanitizer to make sure one's hands were germ free.

Councilman Gjonaj giving out some dinosaur face masks to children.

People wanted their photo with councilman Gjonaj, and you can see a Gjonaj whistle on the left arm of the girl standing in front of Councilman Gjonaj.

49 Precinct Youth Coordinator Officers Hernandez and Fernandez who helped on the book bag giveaway, join Councilman Gjonaj in this photo.

Members of the Morris Park Community Association also helped Officers Hernandez and Fernandez, and Councilman Mark Gjonaj in the Book Bag Giveaway event. 

SCHUMER, GILLIBRAND, MALONEY ANNOUNCE OVER $3.8 MILLION IN NEW AMERICAN RESCUE PLAN FUNDING FOR NEW YORK STEWART INTERNATIONAL AIRPORT

 

$3,820,790 Department Of Transportation Grant Is Headed To Stewart International Airport To Help Cover Costs Caused By The Pandemic 

Additional Money Follows Years Of Tireless Advocacy For New York Stewart International Airport And Emphasizes Continued Commitment To Orange And The Hudson Valley

Schumer, Gillibrand, Maloney: After Pandemic, New York Stewart Is Once Again Cleared For Takeoff 

 U.S. Senate Majority Leader Charles E. Schumer, U.S. Senator Kirsten E. Gillibrand and U.S. Representative Sean Patrick Maloney today announced an additional $3,820,790 will go to Orange County’s New York Stewart International Airport. The grant was awarded by the Federal Aviation Administration and funded in the Schumer-led American Rescue Plan, which was passed into law earlier this year. The funds will be used to cover costs which New York Stewart incurred due to the COVID-19 pandemic, such as enhanced sanitization and personal protective equipment.

“Air travel is vital to the connectivity and success of the Hudson Valley’s economy, which is why, as we continue to build back better from COVID-19, it is critical that we provide the funding necessary to keep Stewart Airport in Orange County safe and efficient,” said Senator Schumer. “Airports stayed open during the worst of the pandemic to make sure service was available for those who needed it and did their best to keep everyone safe in an awful situation. I’m proud to deliver this funding for Stewart after all of its hard work, and I will continue to fight to make sure New York’s airports have the help they need to revive and thrive.”

“The staff of Stewart International Airport worked hard throughout the pandemic to ensure that anyone who needed to travel to and from the Hudson Valley was able to do so safely and efficiently,” said Senator Gillibrand. “This funding will help mitigate the financial impact of COVID-19 by covering the cost of safety improvements and will ensure that Stewart can continue providing critical transportation services to the region. The airport’s continued success is tightly entwined with the Hudson Valley’s broader economic recovery and future prosperity and I will continue to fight on its behalf.”

“New York Stewart International Airport is a key part of our local economy here in the Hudson Valley. It expands our connectivity and brings new business to our region,” said Congressman Maloney. “Ensuring Stewart has the funding it needs to reboot and expand its operations in the wake of the pandemic is a top priority for me in Washington. Today, I am proud that the nearly $4 million in funding we helped secure for Stewart in the American Rescue Plan has officially been issued. We’re getting these resources out the door quickly and efficiently so we can speed up our recovery and get New York back on track.”

Senator Schumer has a long track record of fighting for New York airports due to the immense economic opportunities provided by increased connectivity. Earlier last year, prior to the pandemic, he called for Aer Lingus to consider adding flights from Stewart to Ireland and Great Britain and with the support of Gillibrand and Maloney, secured $8,715,204 million for Stewart International in previous COVID relief legislation. Stewart International is also expected to receive $12,499,175 in the Schumer-led bipartisan infrastructure deal. This announcement comes at a time when Frontier Airlines recently announced its plans to begin nonstop service to three Florida destinations from Stewart by this fall.

“Hudson Valley Tourism Inc. would like to thank Senator Schumer, Gillibrand, and Congressman Maloney for securing over $3.8M for New York Stewart Airport in support of their pandemic recovery efforts,” said Amanda Dana, President of Hudson Valley Tourism, Inc. “As our team works to welcome thousands of visitors and showcase the Hudson Valley’s beautiful ten county destination this fall, this funding will not only allow Stewart to bolster the regional economy, but also to build back better than ever!”

Schumer, Gillibrand and Maloney have also been instrumental in securing the necessary funds for PFAS remediation around Stewart Air National Guard Base, which is attached to the commercial airport. Earlier this year the base was selected for an accelerated and well-funded federal defense environmental clean-up program.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - AUGUST 17, 2021

 

36,475 Vaccine Doses Administered Over Last 24 Hours

18 COVID-19 Deaths Statewide Yesterday 

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combatting COVID-19.

"Those who remain unvaccinated leave themselves and their loved ones exposed to the Delta variant making its way across the country," Governor Cuomo said. "We've come so far and we can't afford to go backward on the progress we've made in our fight against the virus. The vaccine is safe, effective, easily accessible and the best way to keep your community safe. If you haven't already, get yours today." 

  
Today's data is summarized briefly below:

• Test Results Reported - 90,571 
• Total Positive - 3,567 
• Percent Positive - 3.94% 
• 7-Day Average Percent Positive - 3.13% 
• Patient Hospitalization - 1,813 (+91) 
• Patients Newly Admitted - 266 
• Patients in ICU - 369 (+7) 
• Patients in ICU with Intubation - 148 (+14) 
• Total Discharges - 189,360 (+172) 
• Deaths - 18 
• Total Deaths - 43,277 
• Total vaccine doses administered - 22,968,761 
• Total vaccine doses administered over past 24 hours - 36,475 
• Total vaccine doses administered over past 7 days - 309,169
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 74.8% 
• Percent of New Yorkers ages 18 and older with completed vaccine series - 68.3%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 77.7%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 70.0%
• Percent of all New Yorkers with at least one vaccine dose - 62.9% 
• Percent of all New Yorkers with completed vaccine series - 57.0%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 65.4%
• Percent of all New Yorkers with completed vaccine series (CDC) - 58.5%

Manhattan U.S. Attorney Settles Fraud Suit Against Tower Maintenance Corp. For False Statements About Disadvantaged Business Participation On Two Federal Construction Projects

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that the United States has settled civil fraud claims against TOWER MAINTENANCE CORP. (“TOWER”), a Long Island-based steel painting company.  The settlement resolves the United States’ allegations that TOWER fraudulently obtained payments on two federally funded construction projects by causing misrepresentations of compliance with Disadvantaged Business Enterprise (“DBE”) rules, which require participation of businesses owned by women and minorities.  Specifically, the United States alleged that TOWER, a certified DBE, caused the prime contractors on the projects to misrepresent that TOWER, as a DBE, was solely performing work on the two projects, when in fact the work was managed and supervised by codefendant Spectrum Painting Corp. (“Spectrum”), a non-DBE.   

Under the settlement approved by U.S. District Judge Analisa Torres, TOWER admits and accepts responsibility for conduct alleged in the Government’s amended complaint and agrees to pay $150,000 to the United States.  The settlement amount is based on the Office’s assessment of TOWER’s ability to pay based on the financial information it provided.  The Office previously reached settlements to resolve its fraud claims against the codefendants in the lawsuit, Spectrum and Ahern Painting Contractors Co. (“Ahern”), under which Spectrum and Ahern were required to pay a total of $3.4 million.

Manhattan U.S. Attorney Audrey Strauss said: “With this settlement, my Office paints a clear picture that we will pursue any contractor that participates in an unlawful scheme to exploit the Disadvantaged Business Enterprise program.  All contractors are on notice that we are committed to rooting out public works contracting fraud.”

As alleged in the amended complaint filed in Manhattan federal court in August 2019, TOWER performed steel painting work on two federally funded projects to renovate the Brooklyn Bridge and Queens Plaza.  Contracts for both projects required Ahern to hire DBEs to perform a percentage of the work and to adhere to the DBE regulations.  The DBE regulations require DBEs to manage and supervise their own work.  Yet TOWER hired Spectrum, a non-DBE painting subcontractor, to manage and supervise the DBE work that was supposed to be performed solely by TOWER.  Further, to conceal this scheme, TOWER passed off Spectrum employees as its own in project documents.  

As part of the settlement, TOWER admits, acknowledges, and accepts responsibility for the following conduct alleged in the amended complaint:

• In early 2010, TOWER knew that Ahern entered into an agreement with Skanska Koch Inc. (“Skanska”) for industrial painting and rehabilitation work on the Brooklyn Bridge Project.  TOWER understood that as a subcontractor on the Brooklyn Bridge Project, Ahern was obligated to meet or exceed Ahern’s DBE participation goal on the project.  TOWER also knew that Ahern expected to use TOWER, a certified DBE, to fulfill a substantial part of Ahern’s DBE participation goal for the Brooklyn Bridge Project.  In mid-2010, TOWER in fact entered into a subcontract with Ahern to perform painting and blasting work on the Brooklyn Bridge Project, which TOWER expected would be counted toward Ahern’s DBE participation goal for the project.
   
• In connection with the Brooklyn Bridge Project, TOWER signed and submitted to Ahern various documents stating that the DBE work subcontracted to TOWER would be performed by TOWER alone. 
   
• In mid-2011, TOWER knew that Ahern entered into a contract with the MTA to provide overcoat painting on the elevated structure at the Queens Plaza subway station, and that Ahern was obligated to meet or exceed its DBE participation goal for the Queens Plaza Project.  TOWER also knew that Ahern was going to use TOWER as the DBE contractor on the Queens Plaza Project to meet Ahern’s DBE participation goal.  In 2011, TOWER entered into a subcontract with Ahern to perform painting and blasting work on the Queens Plaza Project, which TOWER expected would be counted toward Ahern’s DBE participation goal for that project.
   
• In May and June 2011, TOWER and Spectrum memorialized two “consulting agreements” for painting and blasting work on the Brooklyn Bridge and Queens Plaza Projects.  The key terms of the consulting agreements between TOWER and Spectrum – including TOWER’s agreement to pay Spectrum 50% of all of its profits from the two projects, Spectrum’s agreement to provide project management support, and Spectrum’s agreement to furnish equipment to TOWER for the projects – were not formally disclosed in writing to Ahern, nor were they disclosed in any way to Skanska, NYC-DOT, or MTA.
   
• Consistent with the consulting agreements, TOWER requested that Spectrum provide project management support for the DBE work that TOWER was retained to perform on the Brooklyn Bridge and Queens Plaza Projects.
   
• In addition to the Spectrum employee who assisted TOWER in preparing the bid TOWER submitted to Ahern for its anticipated work as a DBE subcontractor on the Brooklyn Bridge project (the “Spectrum Manager), Spectrum had two other employees providing project management support to TOWER for the DBE work subcontracted to TOWER on the Brooklyn Bridge and Queens Plaza Projects: a superintendent (the “Spectrum Superintendent”) and a health and safety supervisor (the “Spectrum Safety Supervisor”).
   
• In documents that TOWER submitted to Ahern in 2010, TOWER identified the Spectrum Manager as a “Tower VP” or as a TOWER employee working on the Brooklyn Bridge Project.  And in documents TOWER submitted to Ahern in 2011 in connection with the Queens Plaza Project, TOWER identified the Spectrum Manager as a “Director” of TOWER.  In addition, the Spectrum Manager, the Spectrum Superintendent, and the Spectrum Safety Supervisor identified themselves to others working on the Brooklyn Bridge and Queens Plaza Projects as TOWER employees.
   
• In addition to informing Ahern that Spectrum would perform work on the Brooklyn Bridge and Queens Plaza projects, TOWER should have disclosed Spectrum’s work to the NYC-DOT and MTA DBE officers designated on the projects, and it should have sought clarification from Ahern regarding whether Ahern disclosed Spectrum’s involvement in accordance with Ahern’s obligations.

• TOWER should have proactively disclosed to the relevant DBE officer the details of its financial arrangement with Spectrum relative to the Brooklyn Bridge and Queens Plaza Projects, including that TOWER and Spectrum’s agreements relative to the projects included profit sharing and provisions for Spectrum to provide TOWER financing for TOWER’s performance of work on the projects.

Ms. Strauss praised the outstanding investigative work of the United States Department of Transportation Office of Inspector General, the New York City Department of Investigation, and the Inspector General of the Metropolitan Transportation Authority. 

Third Avenue Business Improvement District - We 💙 The Bronx Concert